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(영문) 의정부지방법원 고양지원 2019.07.12 2019고단970
근로자퇴직급여보장법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. In the facts charged, the Defendant is an employer who employs workers and engages in printing business, etc. while actually operating Co., Ltd., Ltd., in Goyang-dong-gu B.

When a worker retires, the employer shall pay the retirement allowance within 14 days from the date of retirement.

Nevertheless, the Defendant, at the above workplace from August 28, 2006 to April 30, 2018, did not pay KRW 37,548,990 of D retirement pay as well as KRW 114,315,253 in total, as stated in the separate list of crimes, as stated in the separate list of crimes, as follows: (a) the Defendant did not pay KRW 37,548,90 of D retirement pay as employees from around April 28, 2006 to April 30.

2. Each of the facts charged in the instant case is a crime falling under subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's express intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. Since each of the facts charged in the instant case submitted a written application for punishment under the name of each employee who expressed his/her intent not to want the defendant's punishment on July 11, 2019, the instant indictment is dismissed in accordance with

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